Case 2404467/2023 · Employment Tribunal
Mr T J Raftery v Active Construction Services Ltd (in Creditors Voluntary Liquidation) and 1 other — 2023
- Case reference
- 2404467/2023
- Decision date
- 23 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Serr REPRESENTATION
Parties
3 namedClaimant
Mr T J Raftery
Key findings
Tribunal's reasoningThe case was listed as a final hearing but was converted to a public preliminary hearing under Schedule 1 Rule 48 of the Employment Tribunal Rules. The first respondent did not attend and was not represented; the claimant appeared in person and the second respondent was represented by a lay representative.
The Tribunal found that the claimant was not an employee of the first respondent at the relevant time. On that basis, the Tribunal held that it did not have jurisdiction to determine the claim and dismissed it.
Reasons were given orally at the hearing. The written judgment does not set out further findings or any remedy award.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Redundancy | The judgment dismissed the claim for lack of jurisdiction after finding that the claimant was not an employee of the first respondent at the relevant time. The specific claim classification follows the gov.uk listing category; the judgment itself refers only to 'the claim'. | Dismissed | — | — |
| Unlawful deduction from wages | The judgment dismissed the claim for lack of jurisdiction after finding that the claimant was not an employee of the first respondent at the relevant time. The specific claim classification follows the gov.uk listing category; the judgment itself refers only to 'the claim'. | Dismissed | — | — |
| Working time regulations | The judgment dismissed the claim for lack of jurisdiction after finding that the claimant was not an employee of the first respondent at the relevant time. The specific claim classification follows the gov.uk listing category; the judgment itself refers only to 'the claim'. | Dismissed | — | — |
Legal tests applied
1 reference- Schedule 1 Rule 48 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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